ILLINOIS POLLUTIOt~TCONTROL BOARD
    November
    19,
    1981
    !)ONALT) J.
    HAMMAN,
    )
    Petitioner,
    v.
    )
    PCB 80—153
    tF~LINOISENVIRONMENTAL PROTECTION
    )
    Respondent.
    DISSENTING OPINION
    (
    BY J.D.
    Dumelle):
    Having voted with the majority in the initial Board decision
    on January
    8,
    1981
    I now dissent,
    I would uphold the Agency’s
    denial of the permit.
    The rule at issue
    Rule
    316(a) (4)
    requires information
    on land use and population density of
    the area near the proposed
    landfill site.
    This is not a useless rule hut was intended
    to assist the Agency
    in considering matters normally considered
    by
    a local zoning or planning commission.
    Local
    zoning, of
    course,
    has no force and effect by various court decisions.
    The road to the site is, by all testimony, woefully made-
    ~juate. Heavy garbage trucks would undoubtedly tear it up
    rendering
    it impassable and indeed dangerous to other
    traffic,
    especially for school buses.
    The majority finds
    fault with the language of the Agency’s
    denial and terms it an “unlawful delegation of its pernitting
    authority”
    (Opinion,
    p.
    11).
    But we must
    look beyond
    the
    words
    to
    the intent of the Agency.
    The intent was
    to not allow a
    poor road to become a dangerous road to the public.
    The daily danger posed
    to school buses traveling a deeply
    rutted road persuades me
    to protect the public by upholding
    the Agency permit denial.
    -
    Respectfully submitted,
    1~
    ~
    ~
    Jacob
    D. Dumelle, Chairman
    44—87
    —2—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control ~oard, hereby certify that the above Dissenting
    Opinion was filed on the
    S~’~
    day
    of
    ~
    ____,
    1981.
    Christan L. Moff~t~.,Clerk
    Illinois PollutiónControl
    Board
    44—88

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